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Proceedings of the Council of Maryland, 1732:1753
Volume 28, Page 247   View pdf image (33K)
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Proceedings of the Council of Maryland, 1741 . 247


not this been the constant Practice in this, as well as in other
Provinces? Has not this Practice rec'd all the Sanction which
the Nature of the thing is capable of? Is it not for the Secur-
ity of fair Trade, and the Ease of Traders, that there should
be as many such Officers appointed as are necessary ? If the
Governor is empowered to appoint as many Officers as are
necessary to carry this Act into Execution, and to prevent
needless Troubles and dangerous Delays to Traders; Does it
not necessarily follow, that One Officer so appointed, is,

Lib. C. B.

within his own District, as much the Deputy or Officer of the
Governor as any other can possibly be within his District?
Can it be pretended with any Colour of Reason, that your
Excys appointing the Remonstrant to be your Deputy or
Naval Officer of Patowmk District, does give him any Author-
ity within this Respondents District of Patuxent? If he has
any Authority in Patuxent, has he not the like all the Province
over, and what Occasion for any other Officer? And altho'
the Remonstrant seems to question your Authority to abridge
his Power (as he is pleased to express it) in such a Manner,
as that a Captain shall not be said to have complyed with the
Statute by the Delivery of an Inventory &c to any pson
authorized to receive it who is a Naval Officer, yet this Re-
spondent humbly conceives, that by a reasonable Construction
of the Statute, the proper Officer of the Port, where the Ship
delivers its Lading, is the Officer intended by the Act and no
other; and that altho' your Excys Power extends all the
Province over, yet that the Power of every such Officer is
limited and restrained to his own proper District and that He
has no more Power or Authority to exceed such Limits, than
the Sheriff of One County has to execute Process in another
County: Besides by the Statute of the 7 & 8 Wm 3d to pre-
vent Frauds and regulate Abuses in the Plantation Trade
Sect 5, Every Naval Officer is obliged to give Security in
England, and to have the Approbation of the Commrs of the
Customs in London, which this Respondent has done: And
being appointed by your Excys favour (which this Respondt
acknowledges with the deepest sense of Gratitude) and every
other way qualified according to Law, He humbly submits,
whether in lustice, Reason or Equity the Remonstrant can
deprive him of the pquisites of his Office
2. The Remonstrant takes the very Point in Question as

p. 132

granted, and seems to determine it himself, but with what
Reason this Respondent humbly submits to your Excellency
3 The several Instances mentioned by the Remonstrant,
are Instances as this Respondent humbly conceives, of his In-
croachments upon this Repondent's Office; and if this Re-
spondent, to avoid Disputes with the Remonstrant, allowed

p. 133



 
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Proceedings of the Council of Maryland, 1732:1753
Volume 28, Page 247   View pdf image (33K)
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